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phone e text, data and messages without a warrant? >> bob says he was protest nothing san francisco when he was arrested -- protesting when he was arrested. >> i was engaged in a completely nonviolence activity. >> they looked through his cell phone messages despite his objections. >> my cell phone had nothing to do with why i was arrested. >> today, the aclu joined him in a lawsuit filed against san francisco police. >> police need a warrant to search homes, and so they would need to have one to search our phones. >> the state constitution has stricture privacy protections. >> when the phone is searched, it's not just the privacy of the person who was arrested; everyone they communicated with. >> the legal battle is being fought across the nation and this could have a big impact. >> every jurisdiction has cases on this. some cases say cell phones are protected without a search warrant all the time. some cases say if it's password protection but not if it isn't. >> i did call the city -- >>reporter: i did call the city attorney office. >>> the boy scout council has become the first in th
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